Germany
| Estimated number of people living with HIV: |
43,000 |
| Number of people prosecuted for HIV transmission: |
Information not available. |
| Number of people convicted for HIV transmission: |
At least 3 |
Applicable law: German Criminal Code: Sections 223, 224, 226, 229
Key wording in the law:
Section 223 Bodily Injury
(1) Whoever physically maltreats or harms the health of another person, shall be punished with imprisonment for not more than five years or a fine.
(2) An attempt shall be punishable.
Section 224 Dangerous Bodily Injury
(1) Whoever commits bodily harm:
1. through the administration of poison or other substances dangerous to health;
2. by means of a weapon or other dangerous tool;
3. by means of a sneak attack;
4. jointly with another participant; or
5. by means of a treatment dangerous to life,
shall be punished with imprisonment from six months to ten years, in less serious cases with imprisonment from three months to five years.
(2) An attempt shall be punishable.
Section 226 Serious Bodily Injury
(1) If the bodily injury has, as a result, that the injured person:
1. loses his sight in one eye or in both eyes, his hearing, his speech or his procreative capacity;
2. loses or permanently can no longer use an important bodily member;
3. is permanently disfigured in a substantial way or becomes infirm, paralyzed, mentally ill or disabled,
then the punishment shall be imprisonment from one year to ten years.
(2) If the perpetrator intentionally or knowingly causes one of the results indicated in subsection (1), then the punishment shall be imprisonment for not less than three years.
(3) In less serious cases under subsection (2), imprisonment from six months to five years shall be imposed, in less serious cases under subsection (2), imprisonment from one year to ten years.
Section 227 Bodily Injury Resulting in Death
(1) If the perpetrator causes the death of the injured person through the infliction of bodily injury (Sections 223 to 226), then the punishment shall be imprisonment for not less than three years.
(2) In less serious cases imprisonment from one year to ten years shall be imposed.
Section 228 Consent
Whoever commits bodily injury with the consent of the injured person only acts unlawfully if the act is, despite the consent, contrary to good morals.
Section 229 Negligent Bodily Injury
Whoever negligently causes bodily injury to another person shall be punished with imprisonment for not more than three years or a fine.
Discussion:
From the responses received, it appears no precise information is available for the numbers of people prosecuted for transmitting HIV in Germany. However, Deutsche AIDS-Hilfe reported being aware of at least three convictions. Statistical data of HIV specific prosecutions is not kept separate from that of the other crimes punishable using the same laws. The definitive HIV transmission case in Germany was in 1988, when the Federal Supreme Court decided that unprotected sexual intercourse with another person amounted to attempted dangerous bodily injury and could therefore be criminal. It did not matter that infection did not occur; as long as a person was aware of being HIV positive, they would be committing a crime if they had unprotected sex.
The three people known to Deutsche AIDS-Hilfe were all male. One was German, another African and the other American. In all cases, the virus was transmitted through heterosexual sex. Information about their employment status at the time of prosecution was not available. Deutsche AIDS-Hilfe suggested that the sentences imposed on the non-Germans were harsher than those imposed on the German man convicted. The sentences were:
- Six years’ imprisonment to the African for unprotected sex,
- 10 years’ imprisonment to the American for infecting four women and
- Eighteen months, reduced to one-year probation, for the German because he tried to avoid ejaculation during sex with a woman at a ‘swinger’s club’. The woman in question was not infected.
Deutsche AIDS-Hilfe reported not being aware of any women being convicted for transmitting HIV. They were aware of several cases of prosecutions for transmissions through homosexual sex, but information on these was not made available.
Exposing another person to the risk of HIV infection is also subject to prosecution. The maximum sentence applicable is ten years’ imprisonment.
Transmission of other sexually transmitted infections is subject to prosecution under Sections 224 and 225 of the German Criminal Code.
Completed questionnaires were received from AKAM, Deutsche AIDS-Hilfe e.V and the Ministry of Justice.
< < < Georgia
Return to country list
Greece > > >
|
